Washington (PTI): The Seattle police officer who struck and killed Indian student Jaahnavi Kandula while responding to an overdose call, will not face any criminal charges due to lack of "sufficient" evidence, authorities said.
On Wednesday, the King County Prosecutor's Office said they will not move forward with criminal charges against Seattle Police Officer Kevin Dave, FOX13 Seattle reported.
In a statement released Wednesday, the King County Prosecuting Attorney said, "Kandula's death is heartbreaking and impacted communities in King County and across the world."
Kandula, 23, was struck by a police vehicle driven by Officer Dave when she was crossing a street in Seattle on January 23. He was driving 74 mph (more than 119 kmh) on the way to a report of a drug overdose call. Kandula was thrown 100 feet when she was struck by the speeding police patrol vehicle.
In bodycam footage released by the Seattle Police Department, Officer Daniel Auderer laughed about the deadly crash and dismissed any implication Dave might be at fault or that a criminal investigation was necessary.
King County Prosecuting Attorney Leesa Manion said that she believes they lack the evidence to prove a criminal case beyond a reasonable doubt, the report added.
"It is the responsibility of the King County Prosecuting Attorney's Office to review all available evidence relating to the case involving Seattle Police Officer Kevin Dave and the January 2023 collision death of Jaahnavi Kandula. After staffing this case with senior deputy prosecuting attorneys and office leadership, I have determined that we lack sufficient evidence under Washington State law to prove a criminal case beyond a reasonable doubt."
The statement also said that the prosecutor's office also finds the comments made by Seattle Police Officer Daniel Auderer, recorded on his body-worn video, "appalling and deeply troubling."
Auderer, who was not involved in the January collision, was captured in the video saying, "But she is dead" and laughing while on the phone.
She was 26 anyway," Auderer said in the video. "She had limited value."
"Officer Auderer's comments were also unprofessional and undermined the public's trust in the Seattle Police Department and law enforcement in general," said Manion.
"As egregious as Officer Auderer's comments are, they do not change the PAO's legal analysis into the conduct of Officer Dave. It is the Office of Police Accountability that bears the responsibility of disciplinary investigation and proceedings relating to Officer Auderer's comment, not the PAO."
Auderer was pulled from patrol in September 2023 and reassigned to a "non-operational position."
Auderer could still be fired after the fallout of his insensitive comments captured on bodycam.
Auderer's chain of command and the Office of Police Accountability (OPA) found he acted unprofessionally. For that, he faces the highest disciplinary range of nearly two weeks suspension up to termination, according to a disciplinary action report.
Before a final disciplinary decision, Auderer will have the chance to meet with Police Chief Adrian Diaz to disagree.
His disciplinary hearing is scheduled for March 4, K5 News reported.
Seattle local media reported that speed was the cause of the collision, as the speed at which Dave was travelling did "not allow (Kandula) or him sufficient time to detect, address and avoid a hazard that presented itself."
Dave was responding to a "priority one" call at the request of the Seattle Fire Department, according to the Seattle Police Department. According to the police report, the officer was responding to a report of a drug overdose.
The officer did not have his siren activated continuously. Instead, the officer "chirped" his siren at the intersection. He did have his emergency lights on, according to a previous statement from the police department.
In a memo to Seattle police, prosecutors wrote there was not enough evidence to prove Dave showed "conscious disregard for others safety."
A drug recognition expert responded to the scene and found no impairment in the officer.
Kandula was a graduate student at Northeastern University at the Seattle campus. The university said in January 2023 that they would award her degree posthumously and present it to her family.
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Judge cites denial of home to Muslim girl, opposition to Dalit women cooking mid-day meals
Hyderabad, February 23, 2026: Supreme Court judge Justice Ujjal Bhuyan has said that despite repeated affirmations of constitutional morality by courts, deep societal faultlines rooted in caste and religious discrimination continue to shape everyday realities in India.
Speaking at a seminar on “Constitutional Morality and the Role of District Judiciary” organised by the Telangana Judges Association and the Telangana State Judicial Academy in Hyderabad, Justice Bhuyan reflected on the gap between constitutional ideals and social practices.
He cited a recent instance involving his daughter’s friend, a PhD scholar at a private university in Noida, who was denied accommodation in South Delhi after her surname revealed her Muslim identity. According to Justice Bhuyan, the landlady bluntly informed her that no accommodation was available once her religious background became known.
In another example from Odisha, he referred to resistance by some parents to the government’s mid-day meal programme because the food was prepared by Dalit women employed as cooks. He noted that some parents had objected aggressively and refused to allow their children to consume meals cooked by members of the Scheduled Caste community.
Describing these incidents as “the tip of the iceberg,” Justice Bhuyan said they reveal how far society remains from the benchmark of constitutional morality even 75 years into the Republic. He observed that while the Constitution lays down standards of equality and dignity, the morality practised within homes and communities often diverges sharply from those values.
He emphasised that constitutional morality requires governance through the rule of law rather than the rule of popular opinion. Referring to the evolution of the doctrine through judicial decisions, he cited Naz Foundation v Union of India, in which the Delhi High Court read down Section 377 of the Indian Penal Code, holding that popular morality cannot restrict fundamental rights under Article 21. Though the judgment was later overturned in Suresh Kumar Koushal v Naz Foundation, the Supreme Court ultimately restored and expanded the principle in Navtej Singh Johar v Union of India, affirming that constitutional morality must prevail over majoritarian views.
“In our constitutional scheme, it is the constitutionality of the issue before the court that is relevant, not the dominant or popular view,” he said.
Justice Bhuyan also addressed the functioning of the district judiciary, underlining that trial courts are the first point of contact for most litigants and form the foundation of the justice delivery system. He stressed that due importance must be given to the recording of evidence and adjudication of bail matters.
Highlighting the role of High Courts, he said their supervisory jurisdiction under Article 227 of the Constitution is intended as a shield to correct grave jurisdictional errors, not as a mechanism to substitute the discretion or factual appreciation of trial judges.
He recalled that several distinguished judges, including Justice H R Khanna, Justice A M Ahmadi, and Justice Fathima Beevi, began their careers in the district judiciary.
On representation within the judicial system, Justice Bhuyan noted that Telangana has made significant strides in gender inclusion. Out of a sanctioned strength of 655 judicial officers in the Telangana Judicial Service, 478 are currently serving, of whom 283 are women, exceeding 50 per cent representation. He added that members of Scheduled Castes, Scheduled Tribes, minority communities, and persons with disabilities are also represented in the state’s judiciary.
He observed that greater representation of women, marginalised communities, persons with disabilities, and sexual minorities would help make the judiciary more inclusive and reflective of India’s diversity. “The judiciary must represent all the colours of the rainbow and become a rainbow institution,” he said.
Justice Bhuyan also referred to the recent restoration by the Supreme Court of the requirement of a minimum three years of practice at the Bar for entry-level judicial posts. While acknowledging that the requirement ensures practical exposure, he cautioned that its impact on women aspirants, especially those from rural or small-town backgrounds facing social and financial constraints, would need to be carefully observed over time.
Concluding his address, he reiterated that the justice system must strive to bridge the gap between constitutional ideals and lived realities, ensuring that the rule of law remains paramount.
